BHIMSHIBHAI KARSANBHAI BARAD Vs. TALUKA PANCHAYAT & 1

JUDGEMENT

(1.) Learned advocate Ms. Khyati Hathi states that she has instruction to appear for respondent No.2. The matter is taken up for final disposal with the consent of learned advocates for the parties. Hence, RULE. Learned advocate Mr. Rana waives service of Rule for respondent No.1 and learned advocate Ms. Hathi waives service of Rule for respondent No.2.

(2.) Here is a case where the Court finds that powers under Section 59(1) of the Gujarat Panchayat Act, 1993 ('the Act') are exercised by the Taluka Development Officer who is not the authority to exercise such powers.

(3.) The petitioner, who is functioning as Sarpanch as also UpSarpanch of Gundaran Gram Panchayat, has challenged the order dated 13.7.2015 passed by the Taluka Development Officer. Amongst other grounds, one of the contentions raised by the petitioner is that the Taluka Development Officer has no authority or power under Section 59 of the Act to suspend the Sarpanch/ Up-Sarpanch of the Gram Panchayat.